Q: What if testator lives in Georgia but is in Florida and needs to create a Power of Attorney immediately?
Within the next week or so. Because the testator is currently in Florida and is incapacitated she had a POA drawn up, signed by herself, witnesses and notarized but when the executor took the paperwork to the testator’s financial institution, the institution did not honor it because it was not a Georgia POA. I explained that one for Georgia can be drawn up but it will not be notarized by a Georgia notary because the testator is in Florida and can’t travel right now.
A: Contact a Florida Estate Planning Attorney and they can help you quickly create a Power of Attorney. Also, Power of Attorney is recognized as are Will's and other estate planning documents from state to state. The real question becomes, when you say fast, how fast will you need it?
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A: The financial institution is probably mistaken; it probably doesn't have to be a "Georgia power of attorney". But at any rate, and if that's what they insist on, it shouldn't need to be notarized in Georgia, but merely use the format that the bank thinks Georgia requires. Then a notary in Florida can notarize it.
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